Thompson v. State Compensation Commissioner

I am unable to concur in the majority opinion in this case.

I do not contend that the claimant should be denied compensation on the theory that what he did was in wilful disobedience of rules and regulations adopted and promulgated by the employer, because there is no showing in the record that such rules and regulations, if such were ever promulgated, were approved by the Compensation Commissioner. Under Prince v. State Compensation Commissioner, 123 W. Va. 67, 13 S. E. (2d) 396, such approval is required to make such a rule effective.

But Code, 22-2-62, being a part of the mining laws of this…